2001-241 OROINANCE NO
AN ORDINANCE AMENDING ORDINANCE NO 2001-210 AUTHORIZING THE
PAYMENT OF THE AWARD OF SPECIAL COMMISSIONERS INTO THE REGISTRY OF
THE COURT IN CONDEMNATION PROCEEDING STYLED THE STATE OF TEXAS AND
CITY OF DENTON, TEXAS V TEX MORGAN MARTIN, CAUSE NO ED-2000-01211 AND IN
AN AMOUNT NOT TO EXCEED $39,990, AND DECLARING AN EFFECTIVE DATE
WHEREAS, Or&nance No 2001-210 contained a typographical error which authorized
the payment of the Award of Spemal Commissioners into the registry of the Probate Court in an
amount not to exceed $39,900, when the amount of the Award was $39,990, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That Ordinance No 2001-210 is hereby amended to authorize payment of
the Award of Spemal Commissioners in condemnation proceeding styled The State of Texas and
the C~ty of Denton, Texas v Tex Morgan Maran, Cause No ED-2000-01211 pending in the
Probate Court of Denton County, Texas in the amount of $39,990 into the Registry of the Court
SECTION 2 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED th~s the /r/¢ dayof ~'~/2~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APZ 'V 'i;-A~S TO LEGA/J., FORM
BY a'~7~
03693
CAUSENO ED-2000-01211 0 ~ ~ , ~ 7
THE STATE OF TEXAS and § CONDEMNATION PROCEEDiNGS
CITY OF DENTON, TEXAS § FILED
Plaintiffs § [F]~.V FO~
§ DENION COUN1Y CLLRK
v § 1N THE PROBATE COURT
Jt~l 2
TEX MORGAN MARTIN, § E~
Defendant § OF DENTON COUNTY, T '¥ II ] 'HEll
DEPUTY
JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS
That on tNs date there came on to be heard and considered the Award of the Special
Commlssmners filed on the 14th day of May, 2001 w~th the Judge of smd Court under the above
styled and numbered proceedings in eminent domain, in which the State of Texas and the City of
Denton, Texas, a mumc~pal corporation, are Plaintiffs and Tex Morgan Martin is Defendant
It appears to the Court, and ~t is so found, that Defendant was served with notice of the
time and place of the Special Commissioners Heanng in the time and manner reqmred by law,
was given notice of the decision and Award of the Special Commissioners by the Court Clerk m
the time and manner reqmred by law, that said Award was filed with the Court as required by
law, and that no objections to said Award were filed with the Court within the time reqmred by
law
It ~s, therefore, ORDERED, ADJUDGED and DECREED by the Court as follows
1 That said Award of Spemal Commissioners be, and the same is hereby, made the
judgment of this Court
2 That the Clerk oftNs Court record said Award m the minutes of thru Court
0369
3 That by virtue of smd Award of Special Commissioners, the State of Texas and
the City of Denton, Texas, are entitled to condemn, and do hereby have judgment against the
sa~d Defendant for the hereinafter described property, for public street right-of-way, Vaslbihty,
access, utilities and maintenance purposes, with fee simple title thereto vesting ~n the State of
Texas, which property as situated in the City of Denton, Denton County, Texas and described as
follows
BEING A 0 451 ACRE PARCEL OF LAND SITUATED iN THE THOMAS TOBY SURVEY,
ABSTRACT NO 1288, AND THE BBB & CRR SURVEY, ABSTRACT NO 186, IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT
OF LAND CONVEYED TO TEX MORGAN MARTiN BY iNSTRUMENT OF RECORD iN
VOLUME 3178, PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS
("DRDCT') SAID0451ACRETRACTBEiNGMOREPARTICULARLYDESCRIBEDBY
METES AND BOUNDS AS FOLLOWS
COMMENCiNG for reference at the southwest comer of the Tex Morgan Martin tract, the same
being the southeast comer of a called 1 559 acre tract conveyed to Jessie M Annear by
Instrument of record an volume 3178, page 910 DRDCT, from which a ¥2-1nch Iron rod found
bears S 00° 19' 27" W, a distance of 1 13 feet,
THENCE N 01° 03' 34" E, along the common hne between said Tex Morgan Martin tract and
smd Jessie M Annear tract, a d~stance of 247 30 feet to a set 5/8-tach ~ron rod w~th an aluminum
disk marked Texas Department of Transportatton ("TXDOT") for the POINT OF BEGINNING,
smd point being on the new southwesterly right-of-way line ofU S Highway 77,
(1) THENCE N 01° 03' 34" E, continuing along said common hne, a distance of 62 62
feet to a ½-mch iron rod found at the northwest comer of said Tex Morgan Martin tract, same
being in the existing southwesterly right-of-way line ofU S Highway 77,
(2) THENCE S 580 15' 32" E, along the northerly lane of smd Tex Morgan Martin tract
and along smd right-of-way lane, a distance of 363 13 feet to a ¼-~nch iron rod found for the
northeast comer of smd Tex Morgan Martin tract, same being the northwest comer of a called
1 559 acre tract conveyed to Jerry Ray Mamn by instrument of record in File Number 95-
R0052281 DRDCT,
(3) THENCE S 01° 03' 34" W, along the common line between said Tex Morgan Martin
tract and smd Jerry Ray Martin tract, at distance of 63 11 feet to a set 5/8-Inch iron rod with an
aluminum disk marked TXDOT for the new southwesterly right-of-way line of U S H~ghway
77,
JUDGMENT - Page 2
89q 03695
(4) THENCE N 58° 11' 37" W, along the new southwesterly right-of-way line of U S
Highway 77, a distance of 363 38 feet to the POINT OF BEGINNING, and containing 0 451
acre of land, 19,632 square feet, more or less of land area within these meets and bounds (the
"Right-of-Way Property")
AND judgment for the hereinafter described property for an easement into the City of Denton,
Texas for utility purposes
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO TEX
MORGAN MARTIN RECORDED IN VOLUME 3178, PAGE 898, REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS ("RPRDCT"), AND BEING SITUATED IN THE
THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE B B B & C R R SURVEY,
ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING
MORE pARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING at the southwest comer of said Martin tract, same being the southeast comer of
a tract conveyed to Jessie M Annear, recorded in volume 3178, Page 910 of the RPRDCT,
THENCE N 01° 03' 34" E, along the line common to said Martin tract (west llne) and to smd
Annear tract (east line), a distance of 247 30 feet to the POINT OF BEGINNING, sa~d point
being in the new south right-of-way line ofU S 77,
THENCE S 58° 11' 37" E, along the new south right-of-way line of U S 77, a distance of
363 38 feet to a point for a comer in the line common to said Tex Morgan Martin tract (east line)
and a tract conveyed to Jerry Ray Martin (west line), by instrument of record in File Number 95-
R0052281, RPRDCT,
THENCE S 01° 03' 34" W, along the line common to sa~d Tex Morgan Martin tract and sa~d
Jerry Ray Martin tract, a distance of 23 27 feet to a point for a comer,
THENCE, N 58° 11' 37" W, 20 feet south of and perpendicular to the new south right-of-way
line of U S 77, a distance of 363 38 feet to a point for a comer on the line common to said
Martin tract (west line), and said Annear tract (east line),
THENCE S 01° 03' 34" W, along the line common to said Martin tract and to said Annear tract,
a dlstanoe of 23 27 feet to the POINT OF BEGINNING, and containing 0 1668 acres of land,
more or less (the "Utility Easement")
AND judgment for the hereinafter described property for an easement into the State of Texas for
drainage, purposes
BEING A 0 005 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOBY SURVEY,
ABSTRACT NO 1288, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING
A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO TEX MORGAN
MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 898, OF THE DEED
JUDGMENT - Page 3
0 696
RECORDS OF DENTON COUNTY, TEXAS ("DRDCT") SAID 0 005 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING for reference at the southwest comer of the Tex Morgan Marttn tract, the same
being the southeast comer of a called I 559 acre tract conveyed to Jessie M Annear by
instrument of reco~d m Volume 3178, page 910, DRDCT, fl om wluch a '/z-tach ~ron rod found
beals S 00~' 19' 27" W, a d~stance of I 13 feet,
THENCE N 01° 03' 34" E, along the common hne between said Tex Morgan Martin tract and
smd Jessie M Annear tract, a distance of 216 46 feet to a set 5/8qnch iron rod with an aluminum
disk marked Texas Department of Transportation ("TXDOT") for the POINT OF BEGINNING,
(1) THENCE N 01° 03' 34" E, cont~nmng along smd common hne, a distance of 30 84
feet to a Set 5/8-1nch ~ron rod w~th an aluminum disk marked TXDOT in the new south right-of-
way line ofU S H~ghway 77,
(2) THENCE S 58o 11' 37" E, along smd new right-of-way line, a d~stance of 15 71 feet
to a set 5/8-tach ~ron rod w~th an aluminum d~sk marked TXDOT,
(3) THENCE S 31° 41' 32" W, crossing a portion of smd Tex Morgan Mart~n tract, a
distance of 26 50 feet to the POINT OF BEGINNING, and contmmng 0 005 acres of land, 208
square feet, more or less of land area w~thm these metes and bounds (the "Drmnage Easement")
(The R~ght-of-Way Property, Utd~ty Easement, and Drmnage Easement are hereinafter
collectively called the "Property" )
4 That all hens and encumbrances held by or munng to the benefit of Defendant are
hereby released and extlngmshed from the Property
5 That the City of Denton, Texas has deposited ~nto the Registry of the Court the
full amount of the smd Award of Spemal Commissioners ~n the sum of thirty rune thousand rune
hundred mnety dollars ($39,990 00), payable to Defendant as reqmred by smd Award and
therefore the State of Texas and the C~ty of Denton, Texas are entitled to tmmed~ate possession
and ~t is therefore ordered that all appropriate processes, including a writ of possessmn be ~ssued
on behalf of the State of Texas and the C~ty of Denton, Texas
6 The Court hereby orders the clerk of the court to distribute smd $39,990 00 plus
~nterest to Defendant, Tex Morgan Martin
JUDGMENT - Page 4
03697
7 That the costs of smd eminent domatn proceedings are adjudged agmnst the C~ty
of Denton, Texas as prowded by smd Award, which costs have been fully prod and the
Petitioners have fully performed under th~s judgment Therefore, no execution shall ~ssue
SIGNED th,s ~/q~ay of (() ~-~ ,2001
JUDGMENT - Page 5
~89~ 03698
CYNTHIA HITCHELL, COUNTY CLERK~,--, · ~,----
Reco~d ~nQ ~ 15. ~
~oc/Mgm~ ~ 6.0~
Doc/Type = JDL
Deputy -Jane